Articles Posted in product liability

Some occupations involve working with hazardous chemicals on a daily basis. In Kenser v. Premium Nail Concepts, Inc., a case from the Montana Supreme Court, plaintiff operated a nail salon from 1998 to 2009. In 1999, she began using a liquid nail product that was repackaged and distributed by defendant.

In 2008, plaintiff developed painful boils on her face, rashes, and had trouble breathing. She filed a workers compensation claim, and the commission’s doctor diagnosed her with ethyl methacrylate (EMA) sensitivity. EMA is an ingredient in the liquid nail product sold by defendant.

Plaintiff learned about defendant’s product at a trade show in 1999. She chose to use it exclusively in her shop. When making an acrylic nail, nail salon workers mix defendant’s powder with their liquid product and apply it to client’s nail with a brush. After the acrylic is dry, the worker files it and shapes it before applying nail polish. It is common for workers to get the product on their own hands during the process. Workers are also exposed to fumes and dust during the process.
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Lead paint poses significant hazards to young children, due to the lead pigment being sweet to the taste and the likeliness that old paint will flake or easily peel off walls. When young children eat lead paint chips, the increased lead levels in their systems can cause serious developmental disorders, including a permanent loss of IQ points, behavioral problems, learning disabilities, loss of cognitive abilities and other harmful conditions.

According to a recent article in the Bay State Banner, a Massachusetts summit was hosted to address the dangers posed by lead paint in buildings across the Commonwealth.
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Boston is filled with old buildings built at time when asbestos and lead paint were commonly used, despite the fact that manufacturers knew these substances were toxic defective products and likely to cause serious injuries. It is only years later that people realize just how much damage was done.

According to a recent article from WBAL TV, a jury has just awarded a 17-year-old boy $2 million in a lead paint case. The victim was living in his grandmother’s home from the time he was born until he was five years old.

Court records and trial testimony show the boy suffered serious brain damage as result of his exposure to lead-based paint. This brain damage has caused the victim to lose four to five IQ points, suffer various cognitive defects, problems with his focus and attention span, behavior problems, and other learning disabilities.
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Our Boston personal injury attorneys know significant investigation may be required before filing a lawsuit related to injuries sustained to lead exposure. It is important to find out as much as possible about what type of lead carbonate pigment paint contributed to the plaintiff’s illness, when the paint was applied, and who manufactured that type of paint.

Gibson v. Am. Cyanamid Co., a case from the U.S. Court of Appeals for the Seventh Circuit, involved a plaintiff who said he was injured as a result of eating lead paint as child in the late 1990s. Lead was added to paint to speed drying time, increase durability, and improve the overall look of the paint. If the paint is ingested, it can lead to kidney problems, liver disease, developmental disorders, and other health concerns. The fact that lead paint has a distinctly sweet taste is the reason that children often ate it after it flaked off a wall.
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The U.S. Court of Appeals for the Eighth Circuit has declined to set aside expert testimony pinning an infant’s permanent brain damage on formula produced by Mead Johnson & Co., reviving litigation against the firm.

In Johnson v. Mead Johnson & Co., the family of a then-1-month-old baby contends the child was sickened and suffered lasting brain damage after consuming Enfamil formula. The guardian ad litem who filed suit in the child’s stead contends the product was unreasonably dangerous because it was contaminated with the bacteria Cronobacter sakazakii.

Our Boston product liability lawyers understand the U.S. Centers for Disease Control & Prevention receive roughly six reports of C.sak sickness each year, even though there is no legal mandate for the cases to be reported. The bacteria is naturally-occurring in certain plants, such as rice and wheat. However, even small amounts can be lethal to those with immune systems that aren’t yet fully developed – namely, infants.
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